Muthanga case: Tribal collective to file appeal against conviction in murder bid on cop

Adivasi Gothra Maha Sabha counsel T M Rasheed, who appeared for the accused in the Muthanga case, said on Friday that the conviction in murder-bid on a cop was a surprise.

"Though the court appears to have taken a lenient view considering the social background that led to the agitation, the conviction of the four accused was unexpected. We will definitely challenge the verdict before the higher courts," he said. Referring to the acquittal of the accused in the murder case, Rasheed said the verdict was largely on expected lines.

The Wayanad Principal Sessions Court on Friday acquitted all the accused in the murder case of police constable K V Vinod, who was killed during the police eviction of AGMS protesters at Muthanga in the Wayanad Wildlife Sanctuary on February 19, 2003.

Delivering the verdict, Principal Sessions Judge Ayub Khan held that the prosecution failed to prove the charges of criminal conspiracy and murder against the accused beyond reasonable doubt. Although the court found that the second accused, Ashokan, had hacked constable Vinod during the violence, no sentence could be imposed as he had died during the course of the trial.

In the case related to the attempted murder of police constable Abdul Salam, who sustained grievous injuries during the violence, the court convicted four AGMS leaders and sentenced them to five years' rigorous imprisonment for criminal conspiracy and attempt to murder. They were also slapped with a penalty of ₹10,000.

Those convicted are M Geethanandan (72), a native of Thayyil in Kannur district; Binu S (53), a native of Thiruvananthapuram; Koyalippura Remesan (58), a native of Koyalippura near Sulthan Bathery; and Anilkumar (53), a native of Appapara near Mananthavady.

Abdul Salam was one of the two police personnel taken hostage by AGMS activists during the police operation to evict the protesters from the occupied forest land at Gowdanvayal. The agitators initially held the policemen captive, demanding that the police and forest officials withdraw from the area. Salam, who had suffered serious injuries during the clash, was later released after his health deteriorated.

Reacting to the verdict, CBI Special Public Prosecutor Boby Joseph said he believed the court had taken into account the unique social circumstances that culminated in the Muthanga agitation while arriving at its conclusions.

On the death of tribal activist Jogi during the police action, Joseph said the CBI investigation did not cover that incident. "The death of Jogi occurred during a law-and-order operation in which the police were discharging their official duties. The investigation into his death was outside the scope of the CBI probe entrusted to us," he said.

Tribal leaders C K Janu and M Geethanandan told Onmanorama that the struggle for justice would continue, particularly for tribal activist Jogi, who was killed during the police action at Muthanga.

Describing the verdict as 'discriminatory', Janu said it had failed to address the alleged police excesses against tribal women and children during the eviction drive. "We were not in a violent mood when the day began. It was the brutal police action that changed everything," she said. She also demanded a fresh investigation into the police action and the death of Jogi. "The police brutality and Jogi's death also deserve a thorough investigation. Justice should not be selective," she added.

The court also recommended that the District Legal Services Authority (DLSA) consider awarding compensation to the victims and their families under the victim compensation scheme. The judge recommended ₹7 lakh as compensation to the family of Vinod, ₹3 lakh for police constable Abdul Salam, who sustained grievous injuries in the attack, and ₹2 lakh for Forest Department official Sasidharan, who was also seriously injured during the clashes.

The Muthanga agitation, led by the Adivasi Gothra Maha Sabha in February 2003, was launched to demand land rights for landless tribal families. The police eviction operation at Gowdanvayal turned violent, resulting in the deaths of police constable Vinod and tribal activist Jogi, besides injuries to several police personnel and protesters.